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TEXAS COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Effective Date: July 7, 2010 at 8:00 a.m. GF No. 00102747
Commitment issuedJuly 29, 2010, 8:00 a.m.
1. The policy or policies to be issued are:
(a) OWNER POLICY OF TITLE INSURANCE (Form T -1)
(Not applicable for improved one- to- four residential real estate)
Policy Amount: $
PROPOSED INSURED:
(b) TEXAS RESIDENTIAL OWNER POLICY OF. TITLE INSURANCE
- ONE -TO -FOUR FAMILY RESIDENCES (Form T 1 R)
Policy Amount: $220,000.00
PROPOSED INSURED:
Elizabeth Morgan and George Morgan
(c) MORTGAGEE POLICY OF TITLE INSURANCE (FORM T -2)
Policy Amount: $165,000.00
PROPOSED INSURED:
Proposed Borrower:
Elizabeth Morgan and George Morgan
(d) TEXAS SHORT FORM RESIDENTIAL MORTGAGEE POLICY (Form T -2R)
Policy Amount: $
PROPOSED INSURED:
Proposed Borrower:
(e) MORTGAGEE TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T -13)
Binder Amount: $ •
PROPOSED INSURED:
Proposed Borrower:
(f) OTHER:
Policy Amount: $
PROPOSED INSURED:
2. The interest in the land covered by this Commitment is: Fee simple
3. Record Title to the land on the Effective Date appears to be vested in:
Pamela Anne Chmelar
University Title Company Fidelity National Title Insurance Company
Texas Commitment (Rev. l -I -93) - Schedule A Valid Only if Schedule B and C, and Cover are attached
SCHEDULE A - continued
GF No, 00102747
4. Legal description of land:
See Exhibit A attached hereto and made a part hereof.
SCHEDULE B
GF No. 00102747
EXCEPTIONS FROM COVERAGE
In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and
expenses resulting from:
I. The following restrictive covenants of record itemized below (We must either insert specific recording data or delete
this exception): -
Item No. 1, Schedule B, is hereby deleted.
2. Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any
overlapping of improvements.
3. Homestead or community property or survivorship rights, if any, of any spouse of any insured.(Applies to the Owner
Policy only.)
4. Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments
or other entities
a. to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays,
gulfs or oceans, or
b. to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or
c. to filled -in lands, or artificial islands, or
d. to statutory water rights, including riparian rights, or
e. to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area
or easement along and across that area.
(Applies to the Owner Policy only.)
5. Standby fees, taxes and assessments by any taxing authority for the year 2010, and subsequent years, and subsequent
taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those
taxes or assessments for prior years because of an exemption granted to a previous owner of the property under
Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short
Form Residential Mortgagee Policy (T -2R) is issued, that policy will substitute "which become due and payable
subsequent to Date of Policy" in lieu of "for the year and subsequent years. ")
6. The terms and conditions of the documents creating your interest inthe land.
7. Materials furnished or labor performed iii connection with planned construction before signing and delivering the
lien document described in Schedule A, if the land is part of the homestead of the owner.(Applies to the Mortgagee
Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us
before a binder is issued.)
8. Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage.(Applies
to Mortgagee Policy T -2 only.)
9. The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential
Mortgagee Policy (T -2R). (Applies to Texas Short Form Residential Mortgagee Policy (T -2R) only. Separate
exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Mortgagee Policy (T-
2R).
University Title Company Fidelity National Title Insurance Company
Texas Commitment (Rev. 1 -1 -93) - Schedule B Valid Only if Schedule A and C, and Cover are attached
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SCHEDULE B - continued
GF No. 00102747
10. The following matters and all terms of the documents creating or offering evidence of the matters (We must insert
matters or delete this exception):
a. Rights of Parties in Possession. (OWNER POLICY ONLY)
b. "All leases, grants, exception's or reservations of coal, lignite, oil, gas and other minerals, together with all rights,
privileges, and immunities relating thereto, appearing in the Public Recordswhether listed in Schedule B or not.
There may be leases, grants, exceptions or reservations of mineral interest that are not listed herein."
c. 25' building line on the northwest and southeast sides; 7.5' building line on the southwest and northeast sides;
electric line on the northwest and northeast sides; as shown on survey prepared on November 13, 1998, under
the supervision of Brad Kerr, R.P.L.S. #4502.
d. Any Claim or right of adjoining property owner(s) to that strip of land lying betweenthe fence and the boundary
line on the northeast side of the property, as shown on survey prepared on November 13, 1998, under the
supervision of Brad Kerr, R.P.L.S. #4502. (OWNER POLICY ONLY)
e. Easement:
From: Ali E. Jaffar
To: The Public
Dated: November 17, 2009
Recorded: Volume 9398, Page 88 Official Records, Brazos County, Texas.
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SCHEDULE C
GF No. 00102747
Your policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear
as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is
issued:
1. Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record.
2. Satisfactory evidence must be provided that:
- no person occupying the land claims any interest in that land against the persons named in paragraph 3 of
Schedule A, -
- all standby fees, taxes, assessments and charges against the property have been paid,
- all improvements or repairs to the property are completed and accepted by the owner, and that all
contractors, sub - contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's
or materialmen's liens have attached to the property,
- there is legal right of access to and from the land,
- (on a Mortgagee Policy only) restrictions have not been and will not be violated that affect the validity and
priority of the insured mortgage.
3. You must pay the seller or borrower the agreed amount for your property or irterest.
4. Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the
effective date of this Commitment.
5. Item No. 2 of Schedule B hereof shall be amended to read "shortages in area ", upon our ieceipt of an acceptable
survey. (As to Mortgagee Policy Only)
6. Item No. 5 of Schedule B hereof shall be amended to read "standby fees, taxes and assessments by any taxing
authority for the year 2010 and subsequent years, but not those taxes or assessmentsfor prior years because of an
exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of
improvements not assessed for a previous tax year. ", upon payment of applicable premium. (As to Mortgagee Policy
T -2 Only) (If Texas Short Form `Residential Mortgagee Policy (T -2R) is issued, that policy will substitute "which
become due and payable subsequent to Date of Policy" in lieu of "for the year and subsequent years. ")
7. If requested in lenders closing instructions and all of our underwriting requirements are satisfied, we will issue the
T17 & T19 Endorsements, upon payment of any applicable premiums. (As to Mortgagee Policy Only)
8. We will require an Affidavit as to Debts and Liens be signed and the original provided to us prior to issuance of any
title policies.
9. We will require a Waiver of Inspection (Rights of Parties in Possession) be signed by the Purchaser and the original
provided to us prior to issuance of any title policies.
10. We will require an original Tax Certificate be provided, showing all taxes paid current, prior to issuance of any title
policies. (If this transaction is not closing in our office, let us know if we need to order the tax certificate.)
11. ARBITRATION:
The Owner Policy of Title Insurance (Form T -1) and the Mortgagee Policy of Title Insurance (Form T-2) contain an
University Title Company Fidelity National Title Insurance Company
Texas Commitment (Rev, 1 -1 -93) - Schedule C Valid Only if Schedule A and B, and Cover are attached n1 ^,�� \ {� V \�� /�
SCHEDULE C - continued
GF No. 00102747
arbitration provision. It allows the Insured or the Company to require arbitration lithe amount of insurance is
$2,000,000 or less. If the Insured wants to retain the right to sue the Company in case of a dispute over a claim, the
Insured must request deletion of the arbitration provision before the Policy is issued. The Insured may do this by
signing the Deletion of Arbitration Provision form and returning it to the Compaiy at or before the closing of the real
estate transaction or by writing to the Company.
NOTE 1: If you are the lender in the transaction and desire deletion of the Arbitration Provision , please inform us
through your loan closing instructions.
NOTE 2: This does not apply to Texas Residential Owner Policy of Title Insurance - One to Four Family
Residences. If you are the purchasers of non-residential property and desire the deletion of the Arbitration
Provision, a form will be presented to you at closing for execution.
12. If subject transaction will utilize a prior survey, we will require a full size, legible copy of said survey, with
the surveyor's field notes, if any. Upon receipt of the existing survey, we reserve the right to determine whether
said survey is acceptable for insuring purposes according to our underwriter guidelines.
NOTE: While a survey may be acceptable for insuring purposes, all surveys are subject to final approval by lender.
13. Twenty -four Month Chain of Title:
We have examined the records of the County Clerk of Brazos County, Texas, as they are reflected in the
geographically indexed title plant of University Title Company and our records reflect that the following is a true and
correct list of DEEDS affecting title to the real property described supra for the preceding twenty -four months:
None of Record
Vesting Deed to owners shown herein was dated November 13,1998 and recorded in Volume 3312, Page 110,
Official Records, Brazos County, Texas.
14. Record a Release of Deed of Trust to secure a Note:
Grantor: Pamela Anne Chmelar, an unmarried person
Trustee: Robert K. Nordhaus
Beneficiary: First American Bank Texas, SSB
Amount: $39,724.00
Dated: November 13, 1998
Recorded: Volume 3312, Page 113, Official Records, Brazos County, Texas.
Said lien being assigned to Countrywide Home Loans, Inc. by Assignment:
Dated: December 22, 1998
Recorded: Volume 3761, Page 28, Official Records, Brazos County, Texas.
15. Record a Release of Deed of Trust to secure a Note:
Grantor: Pamela Anne Chmelar, an unmarried person
Trustee: George K. Noe, City Manager
Beneficiary: City of College Station
Amount: $28,000.00
Dated: November 13, 1998
Recorded: Volume 3312, Page 120, Official Records, Brazos County, Texas.
16. Furnish the marital status of Pamela Anne Chmelar. Company requires the joinder of spouse(s) in any transaction
involving subject property.
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SCHEDULE C - continued
GF No. 00102747
17. Abstractor's Note: Closing shall be contingent upon the replatting of subject property per sales contract.
University Title Company
By: } t t 13-64p-C/
Authorized Countersignature (arrb/rdt)
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SCHEDULE D
GF No. 00102747
Pursuant to the requirements of Rule P -21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State
of Texas, the following disclosures are made:
1. The following individuals are Directors and/or Officers of FIDELITY NATIONAL TITLE INSURANCE COMPANY:
DIRECTORS OFFICERS
Alan L. Stinson Alan L. Stinson Chief Executive Officer /C.E.O
Raymond R. Quirk Raymond R. Quirk . President
Anthony J. Park Joseph W. Grealish Executive Vice President
Anthony J. Park Chief Financial Officer
Patrick G. Farenga Sr. Vice President/Treasurer
Todd C. Johnson Sr. Vice President/Secretary
Fidelity National Financial, Inc. owns 100% of Fidelity National Title Insurance Company.
2. The following disclosures are made by the Title Insurance Agent Issuing this Commitment:
a. The names of each shareholder, owner, partner or other person having, owning or controlling one percent (1 %) or more
of the Title Insurance Agent that will receive a portion of the premium are as follows:
Celia Goode
William C. Lipsey
Michael R. Hoelscher
b. Each shareholder, owner, partner or other person having, owning or controlling ten percent (10 %) or more of an entity
that has, owns or controls one percent (1%) or more of the Title Insurance Agent that will receive a portion of the
premium are as follows: not applicable
c. The following persons are officers and directors of the Title Insurance Agent:
Officers Directors
President - Celia Goode Celia Goode
Vice President - Michael R. Hoelscher • Michael R. Hoelscher
Secretary/Treasurer - William C. Lipsey ` ' William C. Lipsey
3. You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this
commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or
corporation receiving any sum from the settlement of this transaction will be disclosed on the closing or settlement statement.
You are further advised that the estimated title premium* is:
Owner Policy $ 1,484.00
Mortgagee Policy $ 100.00
Endorsement Charges $ 184.50
Total $ 1,768.50
University Title Company Fidelity National Title Insurance Company
Texas Commitment (Rev. 1 -1 -93) - Schedule D Valid Only if Schedule A, B and C, and Cover are attached
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SCHEDULE D
GF No. 00102747
Of this total amount: $ or 15.00% will be paid to the policy issuing Title Insurance Company: $ or 85.00% will
be retained by the issuing Title Insurance Agent, and the remainder of the estimated premium will be paid to other parties as
follows:
AMOUNT TO WHOM FOR SERVICES
* The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final
determination of the amount oldie premium will be made at closing in accordance with the Rules and Regulations adopted by the
Commissioner of Insurance. This Commitment is invalid unless the insuring provisions and Schedules A, B and C are attached.
University Title Company Fidelity National Title Insurance Company
Texas Commitment (Rev. 1 -1 -93) - Schedule D Valid Only if Schedule A, B and C, and Cover are attached
Exhibit A
Metes and bounds description of all that certain tract or parcel of land, being the Southwest 1/2 of Lot 18, Block 1, F. S.
Kapchinski Subdivision according to the plat recorded in Volume Y, Page 618A of the Mechanic's Lien Records of Brazos
County, Texas.
Said tract being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod set marking the East corner of Lot 17, Block 1 as described by a Deed to Tressie Mae Hollie,
et al, recorded in Volume 138, Page 332 of the Deed Records of Brazos County, Texas, said iron rod also lying on the
Northwest line of Lot 31, Block 1 of said F. S. Kapchinski Subdivision, for reference a 1/2" iron rod found marking the South
corner of said Lot 17 and the West corner of Lot 32, Block lof said F. S. Kapchinski Subdivision, said iron rod also lying on
the Northeast line of a called 7.00 acre tract as described by a Deed to the Anderson Ridge Corporation, recorded in Volume
324, Page 218 of the Deed Records of Brazos County, Texas, bears: S 51° 14' 55" W for a distance of 113.28 feet;
THENCE N 47° 31' 40" W along the Northeast line of said Lot 17 for a distance of 208.33 feet to a lead plug and tack set
marking the North corner of said Lot 17, said lead plug and tack also lying on the Southeast right of way line of Park Place;
THENCE N 51° 14' 55" E along the Southeast right of way line of said Park Place for a distance of 52.13 feet to a lead plug
and tack found marking the West corner of the Northeast 1/2 of the aforementioned Lot 18, Block 1 of said Kapchinski
Subdivision as described by a Deed to Hattie Waldon recorded in Volume 99, Page 331 of the Deed Records of Brazos County,
Texas;
THENCE S 47° 31' 40" E through said Lot 18 for a distance of 208.33 feet to a 5/8" iron rod found marking the South corner
of said Waldon Tract, said iron rod also lying on the Northwest line of Lot 30, Block 1;
THENCE S 51° 14' 55" W along the Northwest line of said Lot 30 for a distance of 52.13 feet to the Point of Beginning,
containing 0.246 of an acre of land. Bearing orientation used hereon is based upon grid North as established from the City of
College Station, G.P.S. Monuments.
NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the
above legal description of the area or quantity of land Is not a representation that such area or quantity is correct, but is made
only for informational and /or identification purposes and does not override Item 2 of Schedule B hereof.
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